Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 15, 2012, at 1:31 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included four agenda items, six motions and votes, and thirteen public comments.

The Commission considered four matters during the session. Two zoning map amendments with development plans were approved: one for Mullis Family, LLC, regarding Leestown Office Park, Lots 4 & 5, and another for Homes by Anderson Tate, concerning a portion of Higbee Mill Reserve. The Commission also approved an appeal of a Board of Architectural Review denial for a gazebo proposed at 372-380 South Mill Street. One item—an ND1 Overlay for the Old Colony Neighborhood Association—was deferred to a future meeting.

Attendance

Present: Eunice Beatty, Patrick Brewer, Mike Cravens, Mike Owens, Frank Penn, Carolyn Plumlee, Lynn Roche-Phillips, and William Wilson.

Absent: Will Berkley, Carla Blanton, and Karen Mundy.

Late: Patrick Brewer and William Wilson arrived after the meeting began.

Votes and Decisions

MAR 2012-15: Zoning Map Amendment for 161 and 181 Leestown Center Way [0:18:35] A motion by Eunice Beatty, seconded by Patrick Brewer, to amend the zoning map from P-1 to R-4 for the properties at 161 and 181 Leestown Center Way passed by voice vote. All eight members voted in favor.

ZDP 2012-93: Zoning Development Plan for Leestown Office Park, Lots 4 & 5 [0:19:40] A motion by Eunice Beatty, seconded by Frank Penn, to approve the zoning development plan for Leestown Office Park, Lots 4 & 5 passed by voice vote. All eight members voted in favor. The approval is subject to ten conditions, including: - Urban County Council rezoning the property to R-4; otherwise the approval is null and void - Urban County Engineer's acceptance of drainage, storm, and sanitary sewer information - Urban County Traffic Engineer's approval of parking, circulation, access, and street cross-sections - Building Inspection's approval of landscaping and arterial screening - Urban Forester's approval of tree inventory map - Bike & Pedestrian Planner's approval of bike trails and pedestrian facilities - Clarification of office and apartment parking requirements - Board of Adjustment approval of conditional use for P-1 parking in the R-4 zone prior to Final Development Plan approval - Discussion of protection of a significant 60-inch Hackberry tree and its impact on parking

MAR 2012-16: Zoning Map Amendment for Harrodsburg Road and Reserve Road Properties [1:43:48] A motion by Lynn Roche-Phillips, seconded by Carolyn Plumlee, to amend the zoning map from R-3 to R-4 for properties at 4250 & 4290 Harrodsburg Road and 4113 & 4204 Reserve Road passed by voice vote. All eight members voted in favor.

ZDP 2012-94: Zoning Development Plan for Higbee Mill Reserve [1:46:32] A motion by Lynn Roche-Phillips, seconded by Carolyn Plumlee, to approve the zoning development plan for a portion of Higbee Mill Reserve passed by voice vote. All eight members voted in favor. The approval includes twenty conditions addressing engineering, traffic, landscaping, environmental quality, and various design specifications.

MAR 2012-17: ND1 Overlay for Old Colony Neighborhood Association [3:24:15] A motion by Carolyn Plumlee, seconded by Lynn Roche-Phillips, to establish an ND1 overlay for the Old Colony Neighborhood Association failed in a tie vote, 4-4. Members voting in favor were Eunice Beatty, Patrick Brewer, Mike Cravens, and Mike Owens. Members voting against were Frank Penn, Carolyn Plumlee, Lynn Roche-Phillips, and William Wilson.

BOAR 2012-2: Appeal of Board of Architectural Review Denial [4:15:55] A motion by Carolyn Plumlee, seconded by Lynn Roche-Phillips, to approve the appeal of the Board of Architectural Review's denial of a certificate of appropriateness for a gazebo at 372-380 South Mill Street passed by voice vote. All eight members voted in favor.

Public Comment

The meeting included thirteen public comments addressing traffic and infrastructure concerns, property rights, neighborhood processes, and architectural review decisions.

Traffic and Infrastructure

Ray Waits 1:18:11 expressed concern about increased traffic on Old Higbee Mill Road, particularly high-speed cut-throughs, and requested installation of a traffic light at Stedman Drive and a right-turn lane off Old Higbee Mill Road.

Robert Nave 1:24:07 stated that a fire gate is necessary for safety, citing his experience as a city firefighter and concerns about high-speed traffic through the subdivision.

Land Use and Development

Risto-Martinen 1:21:58 raised concerns about 377 parking spaces being located on the street, the lack of a contour map, and the need to remove limestone from a hillside before construction.

Process and Transparency Concerns

Walt Whitlow 2:32:36 challenged the accuracy of data presented by the neighborhood association and claimed the process lacked transparency, with many residents not properly notified.

Jennifer Hamm Blakely 2:44:01 alleged that the ND1 overlay process was manipulated, with neighbors pressured to support the proposal and some misled about voting requirements.

Brandon Stinneth 2:47:26 presented evidence that only a minority of residents supported the ND1 overlay and criticized the use of misleading data.

Kathleen Whitlow 2:57:16 shared a letter from a young family who felt pressured to move due to the ND1 process and criticized harassment and lack of respect among neighbors.

Property Rights

Jerry Nicholson 2:40:11 expressed concern that the ND1 overlay would restrict his ability to make property improvements, such as building a covered swing set.

Jeremy Ford 2:51:54 argued that the ND1 overlay would unfairly restrict his ability to build a detached garage and asked the commission to oppose the proposal.

Frank Roby 3:01:10 highlighted racist language in original covenants and argued that the ND1 overlay would infringe on personal freedom to develop property.

Stella Moore 2:53:29 shared her experience renovating her home for her disabled husband and criticized characterizations of fences as eyesores.

Architectural Review

Bobby Friesberg 3:52:56 argued that a gazebo is temporary and not visually intrusive and should be allowed as it is similar to outdoor furniture.

Ron Jackson 4:00:41 defended the Board of Architectural Review's decision, stating that lack of compliance with process and prior violations justified the denial.

Contested Items

ND1 Overlay for Old Colony Neighborhood

The proposal for an ND1 Overlay in the Old Colony Neighborhood resulted in a 4-4 tie vote. Residents voiced strong opposition, claiming the process had been manipulated and that voting data was inaccurate. The neighborhood itself was divided on the issue. Due to the tied vote, the matter was deferred to a future meeting without resolution.

Gazebo at Dudley Square

An appeal regarding the denial of a gazebo at Dudley Square sparked heated discussion among board members and the applicant. The debate centered on whether the structure should be classified as temporary or permanent, the application of historic guidelines, and whether the Board of Architectural Review had acted fairly in its decision. The applicant alleged bias in the Board's process, while Board members defended their review procedures and reasoning.

Higbee Mill Reserve Development

The proposed Higbee Mill Reserve Development faced community opposition focused on practical concerns. Residents raised issues about increased traffic, safety risks, and connectivity, with particular concern about a proposed fire gate and potential cut-through traffic on Reserve Road. The applicant countered these concerns by arguing that connectivity would be maintained through an alternative bypass route.

Mullis Family, LLC, Zoning Map Amendment & Leestown Office Park, Lots 4 & 5, Zoning Development Plan

The Planning Commission reviewed a zoning map amendment and development plan for two parcels at Leestown Office Park, Lots 4 & 5. The request sought to rezone the properties from P-1 to R-4 to accommodate a multi-family residential development.

Presenters and Recommendation

Key speakers on this item included Traci Wade, Chris Taylor, and Darby Turner. Staff and the Zoning Committee both recommended approval of the proposal 4:11.

Basis for Approval

The recommendation for approval was based on the compatibility of the proposed multi-family residential use with surrounding land uses and the alignment of the project with the 2012 Comprehensive Plan.

Commission Action

The Planning Commission approved both the zoning map amendment and the development plan. The approval included eight conditions that the applicant must satisfy as part of the project requirements.

Homes by Anderson Tate, Zoning Map Amendment & Higbee Mill Reserve (a portion of)

The Commission considered a rezoning request for a 9.3-acre parcel from R-3 to R-4 zoning, along with an associated Zoning Development Plan. 20:20

Staff Recommendation and Presentation

Staff, represented by speakers including Traci Wade, Tom Martin, and Bruce Simpson, recommended disapproval of the rezoning request. The primary basis for this recommendation was non-compliance with the 2007 Comprehensive Plan.

Key Issues and Discussion

The Commission heard from multiple speakers during the meeting, including Nathan Billings and Mike Mason, who participated in the discussion and public comment portions. The rezoning proposal and its alignment with the comprehensive plan were central points of debate.

A significant issue identified during the proceedings involved Reserve Road connectivity, which required resolution as a condition of approval.

Outcome

Despite the staff's recommendation for disapproval, the Commission voted to approve both the rezoning and the development plan. The approval was conditional, with the Commission imposing 14 conditions on the project. These conditions included requirements to resolve the Reserve Road connectivity issue.

ND1 Overlay for Old Colony Neighborhood Association

The Commission reviewed a proposal for an ND1 overlay designed to preserve the character of the Old Colony neighborhood 1:56:57.

Presentation and Discussion

Key speakers included Traci Wade, Mike Hart, Michael Harrison, Dave Kessler, Walt Whitlow, Jerry Nicholson, Jennifer Hamm Blakely, Brandon Stinneth, Jeremy Ford, Stella Moore, Kathleen Whitlow, and Frank Roby.

Concerns Raised

The discussion was highly contentious, with significant concerns raised regarding:

• Transparency in the process
• Voting accuracy
• Perceived manipulation

Outcome

The vote on the proposal ended in a tie. As a result, the matter was deferred to a future meeting rather than being resolved at this session.

Appeal of Board of Architectural Review Denial for Gazebo at 372-380 South Mill Street

The Commission reviewed an appeal of the Board of Architectural Review's (BOAR) denial of a certificate of appropriateness for a gazebo proposed in the front yard of a historic property located at 372-380 South Mill Street. 3:37:56

Key speakers on this matter included Barbara Rackers, Amelia Kerr, Bobby Friesberg, and Ron Jackson.

The staff and BOAR presented findings that the gazebo would be visually intrusive and would violate the applicable design guidelines for the historic district. The review focused on whether the proposed structure was appropriate for the front yard location of this historic property and whether it met the standards established for architectural review in the area.

The Commission upheld the Board of Architectural Review's denial of the certificate of appropriateness for the gazebo.