Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 26, 2012, at 1:32 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 Owens presided over the meeting.

The Commission considered five agenda items during the session. Four items were approved: the Santa Barbara Land Company proposal for Lots 3 & 4 (Kinemetrics) at 708 & 724 Miles Point Way; a zoning map amendment and subdivision plan for Anderson Campus Rental Properties, LLC involving Robert C. Hodges and Anthony McIntyre; the P.B. Devereux Subdivision preliminary development and subdivision plan for Lynn Grove Addition; and a zoning map amendment and development plan for Montessori High School of Kentucky and Burley Tobacco Growers. The Commission also initiated a zoning overlay zone change request for the Old Colony Neighborhood ND1 Overlay Zone.

The Commission took eight motions and votes during the meeting and heard nine public comments from members of the community.

Attendance

Present: - Carla Blanton - Mike Cravens - Karen Mundy - Mike Owens - Frank Penn - Carolyn Plumlee - Lynn Roche-Phillips - Bill Wilson

Absent: - Eunice Beatty - Will Berkley - Patrick Brewer

Late: None reported.

Votes and Decisions

The Commission voted on eight items during this meeting, with all votes passing unanimously by voice vote.

DP 2012-46 — Approval of Santa Barbara Land Company subdivision plan for 708 & 724 Miles Point Way 18:24. Motion by Lynn Roche-Phillips, seconded by Mike Cravens. All eight members voted in favor: Carla Blanton, Mike Cravens, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Lynn Roche-Phillips, and Bill Wilson. Approval was conditioned on acceptance by the Urban County Engineer of drainage, storm and sanitary sewers and floodplain information; approval by the Urban County Traffic Engineer of street cross-sections and access; approval by Building Inspection of landscaping and landscape buffers; approval by the Addressing Office of street names and addresses; approval by the Urban Forester of tree protection plan; approval by the Department of Environmental Quality of environmentally sensitive areas; approval by the Bike & Pedestrian Planner of bike trails and pedestrian facilities; approval by the Division of Fire of emergency access and fire hydrant locations; approval by the Division of Waste Management of refuse collection; correction of floodplain setback to 25 feet; correction of plan title; and addition of graphic scale.

MAR 2012-9 — Zoning map amendment from R-1D to R-1T for 99–119 Burley Avenue 1:53:42. Motion by Lynn Roche-Phillips, seconded by Mike Cravens. All eight members voted in favor. Approval was conditioned on Urban County Council rezoning the property R-1T, and included multiple conditions requiring various approvals and plan modifications.

ZDP 2012-31 — Approval of P.B. Devereux Subdivision (Lynn Grove Addition) preliminary development and subdivision plan 1:54:12. Motion by Mike Cravens, seconded by Frank Penn. All eight members voted in favor.

MARV 2012-10 — Zoning map amendment from B4 to P1 for Montessori High School of Kentucky at 620 South Broadway 2:41:52. Motion by Lynn Roche-Phillips, seconded by Frank Penn. All eight members voted in favor.

Variances — Approval of parking and landscaping variances for Montessori High School of Kentucky 2:42:26. Motion by Frank Penn, seconded by Lynn Roche-Phillips. All eight members voted in favor.

ZDP 2012-52 — Approval of Zoning Development Plan for Montessori High School of Kentucky 2:43:32. Motion by Mike Cravens, seconded by Frank Penn. All eight members voted in favor.

Newtown Pike Design Guidelines — Approval of compliance with Newtown Pike Corridor Design Guidelines for Montessori High School of Kentucky 2:44:41. Motion by Mike Cravens, seconded by Frank Penn. All eight members voted in favor.

ND1 Overlay — Initiation of ND1 overlay zone change for Old Colony Neighborhood 3:42:23. Motion by Lynn Roche-Phillips, seconded by Bill Wilson. All eight members voted in favor.

Public Comment

Nine speakers provided public comment on three main topics during the meeting.

Anderson Campus Rental Properties Development

Carol West 1:22:02 praised the developers for improving the neighborhood, increasing property values, and enhancing safety by replacing deteriorating homes with new ones.

Casey Collins 1:23:04 expressed appreciation for the improvements in the neighborhood, stating that it has made her feel safer and increased property values.

Jenny Daly 1:24:16 opposed the rezoning, citing concerns about increased stormwater runoff, traffic, crime, and the lack of affordable housing, arguing it does not align with community goals.

Montessori High School of Kentucky Zoning Change

Janet Shedd 2:28:26 affirmed the school's commitment to comply with all staff recommendations and emphasized the importance of proximity to the University of Kentucky's Department of Education.

Old Colony Neighborhood ND1 Overlay

Mike Hart 2:56:34 presented the neighborhood's long-standing effort to preserve its character through a voluntary ND1 overlay, citing community surveys and expert support.

Perry Bozarth 3:08:32 emphasized the neighborhood's unique character and the importance of maintaining its integrity through the ND1 overlay, despite challenges.

David Kessler 3:25:36 expressed strong support for the ND1 initiative, emphasizing the neighborhood's unique character and the need to preserve it for future generations.

Jennifer Hamm Blakely 3:10:07 criticized the process as lacking transparency and fairness, citing exclusion of opposition voices and misrepresentation of facts.

Todd Strecker 3:28:22 questioned the necessity of the overlay, noting the neighborhood had existed without restrictions since 1947 and expressing concern about potential community division.

Contested Items

The meeting on July 26, 2012 included two significant areas of disagreement:

Anderson Campus Rental Properties Zoning Change

This proposal faced community opposition centered on three main concerns. A resident raised objections regarding increased traffic impacts, stormwater runoff issues, and the absence of affordable housing in the development. The opponent argued that the proposal did not align with established community goals. [timestamp information not available in source data]

Old Colony Neighborhood ND1 Overlay

This item generated heated discussion marked by a sharp divide among participants. Supporters of the overlay cited preservation of the neighborhood's character as a key benefit. However, opponents took a different stance, accusing the process of being unfair and lacking transparency. [timestamp information not available in source data]

Santa Barbara Land Company, Lots 3 & 4 (Kinemetrics) - 708 & 724 Miles Point Way

Case Number: DP 2012-46

Overview: The Planning Commission considered a subdivision plan for properties located at 708 & 724 Miles Point Way. The proposal involved Lots 3 & 4 of the Santa Barbara Land Company, with Kinemetrics as the petitioner.

Key Participants: Tom Martin and Mark Abbott were the primary speakers on this agenda item 12:45.

Staff Recommendation: Staff recommended approval of the subdivision plan after the petitioner addressed issues raised in prior reviews.

Conditions of Approval: The Planning Commission approved the subdivision plan subject to 12 conditions, including: - Compliance with the Old Frankfort Pike Landscape Ordinance - Proper signage requirements

Outcome: The subdivision plan was approved by the Planning Commission.

Anderson Campus Rental Properties, LLC; Robert C. Hodges and Anthony McIntyre - Zoning Map Amendment & P.B. Devereux Subdivision

2:00:36

The Commission considered a zoning map amendment and subdivision proposal for Anderson Campus Rental Properties, LLC, with applicants Robert C. Hodges and Anthony McIntyre. The request sought to change the zoning designation from R-1D to R-1T.

Key Speakers and Positions

Tracy Jones, Dennis Anderson, and Dick Murphy participated in the discussion of this agenda item.

Staff Recommendation and Applicant Arguments

Staff recommended postponement of the zoning change. However, the applicant presented arguments in favor of the proposal, contending that the development supports the Commission's infill goals and aligns with necessary neighborhood transition needs.

Commission Action

Despite the staff recommendation for postponement, the Commission approved the zoning change from R-1D to R-1T.

P.B. Devereux Subdivision (Lynn Grove Addition) - Preliminary Development and Subdivision Plan

Case Number: ZDP 2012-31

Outcome: Approved with 15 conditions

The Commission approved the preliminary development and subdivision plan for the P.B. Devereux Subdivision (Lynn Grove Addition) 2:00:36. Tom Martin presented the item to the Commission.

Staff Recommendation and Conditions

Staff recommended approval of the development plan after the applicant addressed concerns raised in prior review. The Commission's approval included 15 conditions that the applicant must satisfy, including:

• Compliance with open space requirements
• Traffic access provisions

Key Issues

The applicant had previously received feedback on the proposal and made modifications to address those concerns before the plan was brought back for approval. The conditions imposed by the Commission focused on ensuring adequate open space and appropriate traffic access for the subdivision.

Montessori High School of Kentucky - Zoning Map Amendment & Burley Tobacco Growers

2:00:36

The Commission considered a zoning map amendment and development plan for the Montessori High School of Kentucky and Burley Tobacco Growers project (MARV 2012-10).

Key Speakers and Presentation

Tracy Jones, Chris Taylor, Jimmy Emmons, and Janet Shedd participated in the discussion of this agenda item.

The applicant emphasized the school's proximity to the University of Kentucky as a significant factor in the project proposal.

Zoning Change and Conditions

The Commission approved a zoning change from B4 to P1 classification for the property. The approval included the development plan with multiple conditions imposed by the Commission.

Variances Approved

The project received approval for parking and landscaping variances as part of the development plan conditions.

Outcome

The Commission approved both the zoning map amendment and the development plan with the specified conditions.

Old Colony Neighborhood - ND1 Overlay Zone Change Initiation Request

3:00:00

The Commission considered an initiation request for an ND1 overlay zone change affecting the Old Colony Neighborhood. The agenda item involved a contentious public hearing with multiple perspectives presented.

Key Speakers and Positions

The following individuals participated in the discussion: Mike Hart, Perry Bozarth, Jennifer Hamm Blakely, David Kessler, and Todd Strecker.

Presentation and Debate

The applicant presented arguments in favor of the overlay zone change, citing community support for the proposal. However, the hearing included significant opposition from other parties.

Concerns Raised

Opponents raised concerns about transparency and fairness in the process. These objections centered on procedural and process-related issues rather than solely on the merits of the zoning change itself.

Outcome

The Commission voted to initiate the ND1 overlay zone change process for the Old Colony Neighborhood. This initiation allows the proposal to move forward to the next stages of review and consideration.