Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 22, 2012, at 1:32 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included eight agenda items, nine motions and votes, and seven public comments.

The Commission addressed a range of development and zoning matters. Notable approvals included a rezoning and final development plan for Grey Goose LLC (from R4 to B1 Zone), a rezoning and final development plan for Angliana P2 Development, LLC (from I2 to R4 Zone), a text amendment to Article 9 for Hallmark Student Development Company, LLC, and a renovation and expansion plan for four elementary schools by Fayette County Public Schools. The Commission deferred action on a development plan amendment for Baptist Health Care Systems and postponed consideration of the Lexington Trots Breeders Association, LLC's zoning map amendment and Red Mile Mixed-Use Development proposal.

Attendance

Present: Eunice Beatty, Will Berkley, Marie Copeland, Mike Cravens, Mike Owens, Frank Penn, Lynn Roche-Phillips, William Wilson, Chris King, Bill Sallee, Barbara Rackers, Jimmy Emmons, Traci Wade, Tom Martin, Cheryl Gallt, Stephanie Cunningham, Rochelle Boland, Captain Charles Bowen, Jeff Neal, and Hillard Newman.

Absent: Carla Blanton and Patrick Brewer.

Late: None.

Votes and Decisions

The following motions were voted on and decided during this meeting:

Approval of Minutes 31:43 The minutes from February 9, 2012 were approved by voice vote. Motion by Mr. Cravens, seconded by Mr. Wilson.

MAR 2012-4: Lexington Trots Breeders Association Postponement 32:54 A motion to postpone the zoning map amendment and Red Mile Mixed-Use Development for Lexington Trots Breeders Association, LLC passed by voice vote. Motion by Mr. Wilson, seconded by Ms. Beatty.

MAR 2012-5: Grey Goose LLC Rezoning 51:10 A rezoning request by Grey Goose LLC from R4 to B1 zone at 175 and 185 Jefferson Street was approved by voice vote. Motion by Mr. Penn, seconded by Mr. Cravens. The approval includes a condition requiring verification of executed parking agreements prior to zoning compliance permit issuance.

ZDP 2012-14: Grey Goose LLC Final Development Plan 51:46 The final development plan for Grey Goose LLC was approved by voice vote. Motion by Mr. Penn, seconded by Mr. Cravens. Verification of executed parking agreements is required prior to zoning compliance permit issuance.

MAR 2012-6: Angliana P2 Development Rezoning 1:05:23 A rezoning request by Angliana P2 Development, LLC from I2 to R4 zone at 527 Angliana Avenue was approved by voice vote. Motion by Mr. Cravens, seconded by Mr. Penn. Conditions include that no building permits shall be issued until the property is rezoned R4, and emergency vehicle access approval is required by the Division of Fire and Emergency Services.

ZDP 2012-15: Angliana P2 Development Final Development Plan 1:05:54 The final development plan for Angliana P2 Development, LLC was approved by voice vote. Motion by Mr. Penn, seconded by Mr. Cravens, with the same conditions as the rezoning approval.

DP 2012-4: Baptist Health Care Systems Continuance 3:41:47 A motion to continue the Baptist Health Care Systems development plan amendment until April 26, 2012 passed by voice vote. Motion by Mr. Wilson, seconded by Mr. Wilson. The applicant and neighborhood are to work toward resolution of traffic, landscaping, and access issues.

ZODA 2012-3: Zoning Ordinance Amendment 4:27:02 A staff alternative text amendment to Article 9 of the Zoning Ordinance to allow group residential projects in R5 zone was approved by voice vote. Motion by Mr. Cravens, seconded by Mr. Penn. The Planning Commission may consider reducing minimum required open space by 50% for projects within 1,000 feet of an existing park.

PFR 2012-2: School Renovation and Expansion 4:43:21 Approval of renovation and expansion of four Fayette County Public Schools was approved by voice vote. Motion by Ms. Rackers, seconded by Mr. Penn. Best management practices must be used for stormwater runoff and floodplain protection.

Public Comment

Seven residents spoke during the public comment period, addressing concerns about traffic, noise, and quality of life impacts from Central Baptist Hospital's expansion on neighboring residential areas.

Traffic and Safety Concerns

Mark Yanik [1:40:00] presented a petition with over 230 signatures from residents of Southern Heights and Hiltonia Park, describing increased traffic, noise, and light pollution from the hospital. He requested a gated access to prevent employee cut-through traffic in residential neighborhoods.

Stuart Wester [2:00:01] highlighted dangerous traffic patterns, including speeding, illegal turns, and 18-wheelers using residential streets. He presented traffic counts and video evidence documenting excessive vehicle volume and unsafe conditions on Glendover Road and other neighborhood streets.

Clarissa Spahn [2:23:08] presented data showing a strong correlation between traffic on McDonald Avenue and Glendover Road, indicating that Central Baptist Hospital's access contributes significantly to neighborhood traffic. She emphasized the danger to pedestrians and children due to high speeds.

Quality of Life and Environmental Impacts

Melinda Wester [2:40:00] described the loss of peace and safety on Hiltonia Park due to hospital traffic, noise, and light pollution. She criticized Central Baptist for failing to act as a good neighbor and requested a 50-foot landscape buffer and gated access to protect the neighborhood.

Sandy Connors [2:46:04] raised concerns about noise, light, and air pollution affecting residents and wildlife, particularly in the Walnut Woods area. She emphasized the need for a noise study and highlighted the degradation of the urban wildlife refuge.

Don McKelvey [2:54:51], a long-time Hiltonia Park resident, shared personal stories of traffic congestion, noise, and safety issues, emphasizing the emotional toll of living next to a hospital that has transformed the neighborhood.

Support for Proposed Solutions

Molly Davis [2:53:49] expressed solidarity with neighbors and urged the Commission to consider a proposed alternative plan that includes gated access and improved landscaping to reduce traffic and protect the neighborhood.

Contested Items

Traffic and Access Issues at Central Baptist Hospital

Residents from Southern Heights, Hiltonia Park, and Glendover presented extensive evidence opposing the Central Baptist Hospital development plan amendment due to dangerous traffic conditions. They documented dangerous traffic patterns, speeding, and cut-through traffic in their neighborhoods. In response to these concerns, residents requested specific mitigation measures including gated access to the hospital, improved landscaping, and traffic calming measures.

Environmental and Quality of Life Impacts

A heated discussion emerged regarding the environmental and quality of life consequences of the proposed development. Residents raised concerns about noise, light, and air pollution resulting from the hospital expansion. They emphasized particular concern about degradation of the Walnut Woods urban wildlife refuge. Residents stressed that these impacts would have long-term effects on neighborhood health, property values, and overall neighborhood character.

Zoning and Development Plan Amendments

The Commission experienced a split vote on whether to approve the Central Baptist Hospital amendment. The disagreement reflected a fundamental divide between perspectives: staff supported the amendment based on its compliance with zoning ordinances, while the community strongly opposed it based on the documented traffic, environmental, and quality of life impacts outlined above. Rather than resolving the dispute immediately, the Commission deferred the decision to allow for further negotiation between hospital representatives, city staff, and affected residents.

Lexington Trots Breeders Association, LLC - Zoning Map Amendment & Red Mile Mixed-Use Development

32:23

The Planning Commission considered a zoning map amendment and associated development plan for the Red Mile Mixed-Use Development proposed by Lexington Trots Breeders Association, LLC.

Key Speakers

The discussion involved Chris Westover, Mr. Wilson, and Ms. Beatty.

Staff Recommendation and Concerns

Staff recommended postponement of the proposal, citing significant conflicts with existing planning documents. The primary concern was that the proposal contradicted the recommended Greenspace/Open Space designation for more than half of the property, as established in the 2007 Comprehensive Plan and the Red Mile Development Plan.

Outcome

The Planning Commission postponed the zoning map amendment and development plan. The postponement allowed time to address the compliance issues identified by staff before the proposal could move forward for further consideration.

Grey Goose LLC - Rezoning from R4 to B1 Zone

The Commission considered a rezoning request for property located at 175 and 185 Jefferson Street, seeking to change the zoning designation from R4 (residential) to B1 (business) zone. 36:05

Key Speakers and Presentation

Tracy Wade and Keith Clark presented on this matter during the meeting.

Basis for Recommendation

The staff and zoning committee recommended approval of the rezoning. The recommendation was based on alignment with the 2007 Comprehensive Plan and the downtown master plan, both of which support neighborhood business use along Jefferson Street.

Outcome

The Commission approved the rezoning request for Grey Goose LLC, allowing the property at 175 and 185 Jefferson Street to be rezoned from R4 to B1 zone.

Grey Goose LLC - Final Development Plan

Identifier: ZDP 2012-14

The final development plan for Grey Goose LLC was presented and approved during this meeting 42:22.

Key Speakers

The discussion involved Tracy Wade and Keith Clark.

Approval and Conditions

The final development plan was approved with seven conditions that the applicant must satisfy:

• Verification of parking agreements with Planned Parenthood
• Compliance with landscaping requirements
• Compliance with parking requirements
• Resolution of all outstanding issues

Applicant Commitment

Grey Goose LLC committed to resolving all outstanding issues associated with the development plan.

Outcome

The development plan was approved.

Angliana P2 Development, LLC - Rezoning from I2 to R4 Zone

Agenda Item: MAR 2012-6

The Commission considered a rezoning request for a small parcel located at 527 Angliana Avenue, proposing a change from I2 (heavy industrial) to R4 (residential) zoning.

Key Speakers: - Bill Sallee - Nick Nicholson

Presentation and Rationale:

Staff and the zoning committee recommended approval of the rezoning request. The recommendation was based on two primary considerations: the existing I2 heavy industrial zoning was deemed inappropriate for the site's characteristics and location, and the rezoning would support residential development needs in the area.

Outcome:

The Commission approved the rezoning request 53:04, changing the zoning designation from I2 to R4 zone for the property at 527 Angliana Avenue.

Angliana P2 Development, LLC - Final Development Plan

Identifier: ZDP 2012-15

The final development plan for Angliana P2 Development, LLC was presented and approved by the board 59:00.

Key Speakers

Tom Martin and Nick Nicholson were the primary speakers on this agenda item.

Approval and Conditions

The final development plan was approved with seven conditions. These conditions included:

• A requirement for Division of Fire approval of emergency vehicle access
• A land swap to resolve title issues
• Provisions for gated access for emergency vehicles

Outcome

The development plan was approved as presented with the specified conditions.

Baptist Health Care Systems - Development Plan Amendment

The Commission reviewed a development plan amendment (DP 2012-4) for Central Baptist Hospital that sought to expand the emergency room waiting room and improve ambulance access. 1:06:36

Presenters and Participants

Key speakers during the discussion included Tom Martin, Nick Nicholson, Mark Yanik, Stuart Wester, Clarissa Spahn, Melinda Wester, Sandy Connors, Don McKelvey, and Molly Davis.

Issues Discussed

The amendment generated discussion around several operational and neighborhood concerns. The primary focus centered on three areas requiring further work:

• Traffic impacts and management
• Access improvements to the facility
• Landscaping considerations

Outcome

The Commission deferred the development plan amendment, continuing it to April 26, 2012. This deferral was intended to provide the applicant and neighborhood representatives adequate time to collaborate on resolving the traffic, access, and landscaping issues that had been raised during the review process.

Hallmark Student Development Company, LLC - Text Amendment to Article 9

The Commission considered a text amendment to Article 9 of the Zoning Ordinance (ZODA 2012-3) regarding group residential projects in the R5 zone. 3:49:27

Key Speakers and Presentation

Tracy Wade, Bill Sallee, and Ms. Westover participated in the discussion of this agenda item.

Amendment Details

The staff alternative text amendment included the following provisions:

• Permission for group residential projects in the R5 zone
• Reduced open space requirements for qualifying developments
• Building height limits for the proposed projects
• Incentives for developments located near parks and transit stops

Outcome

The Commission approved the staff alternative text amendment to Article 9 of the Zoning Ordinance.

Fayette County Public Schools - Renovation and Expansion of Four Elementary Schools

4:31:15

The Commission considered a proposal for the renovation and expansion of four elementary schools within Fayette County Public Schools. The project involved James Lane Allen, Meadowthorpe, Stonewall, and Tates Creek Elementary Schools.

Presenters and Discussion

Barbara Rackers and Kevin Warner presented the project to the Commission.

Project Details

The renovation and expansion projects were designed to be consistent with the 2007 Comprehensive Plan. The improvements included ADA-compliant upgrades to ensure accessibility for students and staff with disabilities. The projects also incorporated best management practices for floodplain protection, addressing environmental and safety considerations for the school facilities.

Outcome

The Commission approved the renovation and expansion of all four elementary schools.