Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on May 24, 2012, at 1:30 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, four public comments, and eleven motions and votes.

The Commission addressed a range of zoning and development matters. Four items were postponed: the Lexington Trots Breeders Association's zoning map amendment and Red Mile Mixed-Use Development proposal; C Brothers, LLC's zoning ordinance text amendment regarding the definition of banquet facilities; Anderson Campus Rental Properties, LLC's zoning map amendment and P.B. Devereux Subdivision; and the Urban County Council's zoning ordinance text amendment to amend notification requirements for conditional use permits.

Four items were approved during the meeting. The Fairways at Andover, LLC received approval for its zoning map amendment and The Fairways of Andover Zoning Development Plan. TriStar Ventures, LLC's zoning ordinance text amendment to allow storage and distribution of auto parts in the B3 zone was approved. The Historic Preservation Commission's zoning ordinance text amendment to update membership and code references was approved. The Commission also approved the Ashland Park Neighborhood Association's initiation of an H-1 Overlay Zone Study.

Attendance

Present: - Eunice Beatty - Will Berkley - Patrick Brewer - Marie Copeland - Mike Cravens - Mike Owens - Lynn Roche-Phillips - Bill Wilson

Absent: - Carla Blanton - Frank Penn - Carolyn Plumlee

Late: - Patrick Brewer

Votes and Decisions

Approval of Minutes from April 26, 2012 10:50 Motion by Mr. Cravens, seconded by Ms. Beatty. Passed by voice vote. All eight members voted in favor: Eunice Beatty, Will Berkley, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Lynn Roche-Phillips, and Bill Wilson.

MAR 2012-4: Lexington Trots Breeders Association, LLC Zoning Map Amendment and Red Mile Mixed-Use Development Plan 11:57 Motion by Mr. Cravens, seconded by Mr. Wilson. Postponed by voice vote with all eight members in favor.

ZOTA 2012-4: Zoning Ordinance Text Amendment—Definition of 'Banquet Facilities' 13:05 Motion by Ms. Roche-Phillips, seconded by Mr. Cravens. Postponed by voice vote with all eight members in favor.

MAR 2012-9: Anderson Campus Rental Properties, LLC Zoning Map Amendment and P.B. Devereux Subdivision Plan 14:38 Motion by Ms. Beatty, seconded by Ms. Roche-Phillips. Postponed by voice vote with all eight members in favor.

ZOTA 2012-7: Zoning Ordinance Text Amendment—Notification Requirements for Conditional Use Permit Applications 15:10 Motion by Mr. Wilson, seconded by Ms. Beatty. Postponed by voice vote with all eight members in favor.

MAR 2012-8: Fairways at Andover, LLC Zoning Map Amendment 1:24:13 Motion by Ms. Phillips, seconded by Ms. Beatty. Approved by voice vote with all eight members in favor. The amendment rezones the property from A-U to R-3 with conditional zoning restrictions, subject to eleven conditions including Urban County Council rezoning approval, engineering and traffic approvals, and various plan revisions.

ZDP 2012-30: The Fairways of Andover Zoning Development Plan 1:24:45 Motion by Ms. Phillips, seconded by Mr. Cravens. Approved by voice vote with all eight members in favor, subject to eleven conditions.

ZOTA 2012-5: Zoning Ordinance Text Amendment—Retail Sale of Automobile Parts in B3 Zone 1:34:30 Motion by Mr. Brewer, seconded by Mr. Wilson. Approved by voice vote with all eight members in favor. The amendment allows retail sale of automobile parts with storage and distribution in the B3 zone, provided the use is located at least 200 feet from an existing residential zone.

ZOTA 2012-6: Zoning Ordinance Text Amendment—Historic Preservation Commission Membership and Property Maintenance Code References 1:40:54 Motion by Ms. Phillips, seconded by Mr. Wilson. Approved by voice vote with all eight members in favor.

Initiation of H-1 Overlay Zone Study for Ashland Park Neighborhood 2:33:00 Motion by Ms. Phillips, seconded by Mr. Wilson. Approved by voice vote with all eight members in favor. The Division of Historic Preservation will evaluate property value comparisons between H-1 overlay and non-H-1 overlay areas.

Cancellation of Next Week's Work Session 2:35:51 Motion by Mr. Brewer, seconded by Mr. Brewer. Approved by voice vote with all eight members in favor.

Public Comment

Four members of the public provided comments during the meeting.

Stormwater and Flooding Concerns

Mr. Warren Snyder addressed stormwater runoff and flooding issues affecting his property 1:06:15. He expressed concern that water flows into his backyard during heavy storms due to inadequate rip-rapping and lack of erosion control on adjacent lots.

Development and Property Concerns

Mr. Norm Johnson spoke in opposition to a proposed development 1:12:40. His concerns centered on the loss of his view of the golf course and the small lot size of the proposed development, which he feared would result in visible backyards and air conditioning units.

H-1 Overlay Zoning Opposition

Mr. David Benko opposed the H-1 overlay zoning 2:14:38. He argued that the overlay unfairly restricts property owners, particularly in areas with significant modern additions. He also questioned the fairness of including Hanover Towers in the voting process.

Ms. Gail Wilkes also opposed the H-1 overlay zoning 2:23:02. She stated that the overlay would unfairly restrict property owners' rights, potentially reduce property values, and discourage property maintenance and improvements.

Contested Items

The meeting featured two significant areas of contention:

H-1 Overlay Zone for Ashland Park

Community opposition emerged regarding the proposed H-1 Overlay Zone for Ashland Park. Concerns centered on property rights issues and perceived unfairness in the inclusion of Hanover Towers within the overlay zone. Residents expressed worry about potential negative impacts on property values. This opposition occurred despite strong support for the measure from the neighborhood association, creating a divide between organized neighborhood leadership and individual property owners with specific concerns about the proposal's scope and fairness.

Stormwater Management and Floodplain Issues

A heated discussion took place regarding stormwater management and floodplain concerns. Residents raised questions about existing flooding problems and stormwater runoff, with particular focus on impacts from the Autumn Ridge Pond. Community members questioned whether the developer possessed adequate capability to mitigate downstream impacts from the proposed project. These concerns reflected anxiety about the adequacy of environmental protections and the developer's technical capacity to address water management challenges.

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

11:24

The petition for a zoning map amendment from B-4 to MU-3 for the Lexington Trots Breeders Association, LLC Red Mile mixed-use development was presented for consideration.

Key Issues

Staff identified two primary concerns with the proposed zone change:

• Non-compliance with the 2007 Comprehensive Plan's Greenspace/Open Space recommendation
• Inconsistencies with the Red Mile Development Plan

Outcome

The petition was postponed. Staff recommended postponement due to the identified conflicts between the proposal and existing planning documents.

Key Speaker

Bruce Simpson addressed the agenda item.

C Brothers, LLC: Zoning Ordinance Text Amendment to amend definition of 'banquet facilities'

Overview

The meeting addressed a petition by C Brothers, LLC to amend the zoning ordinance text by removing the residence requirement from the definition of "banquet facilities." 12:35

Presentation and Recommendation

Staff presented the proposed amendment and recommended approval. The recommendation was based on two primary factors: the need for consistency in business zones and increased demand for banquet facilities in the area.

Key Participants

Nick Nicholson was identified as a key speaker during the discussion of this agenda item.

Outcome

The petition was postponed to allow for further review before a final decision could be made.

Anderson Campus Rental Properties, LLC: Zoning Map Amendment & P.B. Devereux Sub

14:08

The board considered a request from Anderson Campus Rental Properties, LLC to rezone property from R-1D to R-1T and approve the P.B. Devereux Subdivision plan.

Key Issues

Staff identified non-compliance with the 2007 Comprehensive Plan as the primary concern. Specifically, the proposal did not meet the plan's recommendations regarding Greenspace/Open Space and Medium Density Residential requirements. Staff also noted insufficient information had been provided to support the applicant's density claims.

Outcome

The request was postponed. The board did not approve the zoning map amendment or subdivision plan at this time, pending resolution of the identified compliance issues and provision of additional information regarding the density projections for the proposed development.

Urban County Council: Zoning Ordinance Text Amendment to amend notification requirements for conditional use permits

15:10

The Urban County Council considered a zoning ordinance text amendment to modify notification requirements for conditional use permits. The proposed amendment would increase the notification radius to 800 feet and require notice to the nearest neighborhood association.

Bill Sallee presented the item to the Council. During the discussion, staff indicated that additional analysis and research would be necessary before the Council could take final action on the amendment.

The Council voted to postpone the item to allow staff time to conduct further review of the proposed changes. No final action was taken at this meeting.

The Fairways at Andover, LLC: Zoning Map Amendment & The Fairways of Andover Zon

1:16:12

The petition to rezone The Fairways at Andover, LLC from A-U to R-3 with conditional zoning restrictions was presented for consideration. Key speakers on this agenda item included Bruce Simpson, Tracy Wade, Chris Taylor, and Al Gross.

Staff and the applicant emphasized that the proposed rezoning aligned with the 2007 Comprehensive Plan's Low Density Residential recommendation for the property. The presentation highlighted proposed stormwater management improvements as part of the development plan, addressing infrastructure considerations for the project.

The Fairways of Andover Zoning Development Plan was reviewed alongside the zoning map amendment request, with both items considered together as part of the conditional zoning process.

Outcome: The petition was approved. The rezoning from A-U to R-3 with conditional zoning restrictions was granted, allowing the project to proceed in accordance with the presented development plan and stormwater management proposals.

TriStar Ventures, LLC: Zoning Ordinance Text Amendment to allow storage and distribution of auto parts in B3 zone

1:26:49

The council considered a zoning ordinance text amendment for TriStar Ventures, LLC to permit the retail sale of auto parts along with storage and distribution operations in the B3 zone.

Key Speakers

Bill Sallee and Trey Geiton presented on this matter.

Proposal and Mitigation Measures

The amendment would allow TriStar Ventures to operate an auto parts retail, storage, and distribution facility within the B3 zoning district. To address potential impacts on nearby residential areas, the proposal included a 200-foot buffer zone from residential neighborhoods. This buffer was designed to mitigate concerns related to truck traffic and other operational impacts on adjacent residential communities.

Outcome

The zoning ordinance text amendment was approved.

Historic Preservation Commission: Zoning Ordinance Text Amendment to update membership and code references

1:35:02

The commission considered a zoning ordinance text amendment to update the Historic Preservation Commission's membership and code references. The amendment addressed outdated governance language by replacing references to the defunct Board of Land and Nature Trust with the Bluegrass Conservancy and updating related code references to ensure current and accurate governance structure.

Tracy Wade presented the amendment to the commission.

The amendment was approved.

Ashland Park Neighborhood Association: Initiation of H-1 Overlay Zone Study

2:02:38

The Ashland Park Neighborhood Association presented a request to initiate a study for an H-1 overlay zone. The proposal received strong community support, with 69.2% of survey respondents expressing approval for the initiative.

Key Speakers and Presentation

The discussion included presentations from Bruce Simpson, Tony Chamberlain, David Benko, and Gail Wilkes, who addressed various aspects of the proposed overlay zone study.

Concerns Raised

Despite the majority support, several concerns were raised during the discussion:

• Fairness and equity issues regarding the application and implementation of the overlay zone
• Property value impacts and how the overlay zone might affect property valuations in the neighborhood
• Exclusion of Hanover Towers from the proposed study area, which some viewed as problematic

Outcome

The study initiation was approved, moving forward with the H-1 overlay zone study for the Ashland Park neighborhood.