Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on January 31, 2013, at 1:34 p.m. in the Council Chamber, 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting.

The Commission addressed seven agenda items during the session. The meeting included approval of the previous meeting's minutes and consideration of several zoning matters. Notable actions included approval of a Zoning Map Amendment and Zoning Development Plan for Givens Investments, Ltd. regarding Eastland Park, Unit 1-L, as well as approval of a Zoning Map Amendment and Zoning Development Plan for Julie & Anthony Childress. The Commission also approved two zoning ordinance text amendments: ZOTA 2012-9, which modified Articles 1, 8, and 12 for changes to the B-1 Zone, and ZOTA 2012-15, addressing parking, private walkways, and paved areas in residential zones. One item—the Kirk & Carol Snyder Zoning Map Amendment and Michael Gentry Property Zoning Development Plan—was deferred for further consideration.

The Commission took nine votes during the meeting and heard eight public comments from citizens regarding the matters under consideration.

Attendance

Present: Will Berkley, Carla Blanton, Mike Cravens, Karen Mundy, Mike Owens, Carolyn Plumlee, Lynn Roche-Phillips, and Bill Wilson.

Absent: Eunice Beatty, Patrick Brewer, and Frank Penn.

Late: None reported.

Votes and Decisions

Approval of Minutes from December 13, 2012 18:25 Motion by Mike Cravens, seconded by Bill Wilson. Passed unanimously 8-0. All members voted in favor: Will Berkley, Carla Blanton, Mike Cravens, Karen Mundy, Mike Owens, Carolyn Plumlee, Lynn Roche-Phillips, and Bill Wilson.

Postponement of BOAR 2013-1: William Kevin Murphy Appeal 43:37 Motion by Bill Wilson, seconded by Carolyn Plumlee. Postponed unanimously 8-0. All members voted in favor of postponement.

MAR 2013-1: Zoning Map Amendment for Kirk & Carol Snyder at 3270 Richmond Road 26:09 Motion by Lynn Roche-Phillips, seconded by Mike Cravens. Postponed unanimously 8-0. This amendment would have changed zoning from P-1 to B-3.

MARV 2012-18: Zoning Map Amendment for Givens Investments Ltd. at 1577 Martha Court 40:14 Motion by Will Berkley, seconded by Karen Mundy. Passed unanimously 8-0. Amendment from R-2 to R-4 zoning approved.

ZDP 2012-109: Zoning Development Plan for Eastland Park, Unit 1-L 40:45 Motion by Will Berkley, seconded by Karen Mundy. Passed unanimously 8-0. Approval included 15 conditions regarding rezoning, engineering approvals, landscaping, tree inventory, bike and pedestrian facilities, and plan modifications.

Dimensional Variance Request 41:59 Motion by Will Berkley, seconded by Karen Mundy. Passed unanimously 8-0. Variance to reduce exterior yard setback from 20 feet to 5 feet along northwestern property line approved, subject to four conditions including rezoning requirement and zoning compliance permits.

MAR 2013-2: Zoning Map Amendment for Julie & Anthony Childress at 430 West Maxwell Street 55:33 Motion by Will Berkley, seconded by Karen Mundy. Passed unanimously 8-0. Amendment from B-4 to B-2B zoning approved with 12 conditions regarding engineering approvals, landscaping, plan documentation, and modifications to garage parking restrictions.

ZOTA 2012-9: Amendments to Articles 1, 8, and 12 for B-1 Zone Modifications 1:44:20 Motion by Carla Blanton, seconded by Mike Cravens. Passed 5-3. Voting in favor: Will Berkley, Carla Blanton, Mike Cravens, Mike Owens, Bill Wilson. Voting against: Karen Mundy, Lynn Roche-Phillips, Carolyn Plumlee. Three conditions approved regarding miniature golf course definitions and banquet facility entertainment restrictions.

ZOTA 2012-15: Parking, Private Walkways, and Paved Areas in Residential Zones 2:04:12 Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously 8-0.

Public Comment

Eight speakers provided public comment on various agenda items during the meeting.

BOAR 2013-1 Postponement

William Kevin Murphy requested postponement of BOAR 2013-1, citing late receipt of the staff report and discovery of new evidence including an audio tape and landscape plan that were not available during his October open records request 21:42.

Richard Murphy, representing the property owner, opposed the postponement request. He stated his client was ready to proceed and preferred to move forward that day, noting he had two other presentations scheduled for the February 28 meeting 20:33.

Givens Investments Ltd. Application

Christine Westover, representing the applicant, stated agreement with staff recommendations and respectfully requested approval of the zone change, variance, and development plan 39:42.

430 West Maxwell Street Garage Access

Jim Black proposed vertical garage doors and audible beeping to address safety concerns related to traffic access for a garage at 430 West Maxwell Street. He noted agreement with traffic engineering on the proposed solution 52:18.

Jeff Neal expressed concern about potential nuisance from audible beeping at night, suggesting mirrors might be more effective than sound 53:56.

Zoning Code Issues

William Kevin Murphy addressed miniature golf in the B-1 zone, noting that the zoning committee had previously removed "outdoor" from the definition of miniature golf. He urged the Commission to correct this oversight by adding miniature golf as a principal use in B-3 1:37:12.

Lynn Roche-Phillips expressed concern that imposing form-based code on existing B-1 zones could undermine their character, suggesting B2B might be more appropriate 1:25:16.

Will Berkley asked whether agricultural sales and greenhouses in rural B-1 zones would be addressed in future text amendments, noting potential nonconformities 1:27:30.

Contested Items

Form-Based Code in B-1 Zones

A heated discussion arose regarding the application of form-based code to existing B-1 zones. Several commissioners expressed concern that imposing form-based code requirements on these established zones could undermine their existing character and identity. Some commissioners suggested that B2B zoning might be a more appropriate alternative for these areas. Despite the significant disagreement, the motion ultimately passed with a 5-3 vote, indicating a divided commission on this issue.

Miniature Golf Definition in B-1 Zone

A procedural dispute emerged concerning the definition of miniature golf uses in the B-1 zone. A discrepancy was identified between a decision made by the zoning committee in August 2012 and the current draft language under consideration. Specifically, the zoning committee had previously decided to remove the word "outdoor" from the miniature golf definition, but this change was not reflected in the current draft being reviewed. The discrepancy was noted during the hearing and a correction was made to align the draft with the committee's earlier decision.

Approval of Minutes

The minutes from the December 13, 2012, Planning Commission meeting were presented for approval. 18:25

Mike Cravens moved to approve the minutes, and Bill Wilson seconded the motion. The minutes were approved unanimously.

Postponements and Withdrawals

Two items were postponed during this portion of the meeting 19:02.

BOAR 2013-1 was postponed to February 14, 2013. According to the discussion, this postponement resulted from a two-week agreement reached between the parties involved.

MAR 2013-1 was postponed to February 28, 2013.

The discussion involved William Kevin Murphy, Richard Murphy, Lynn Roche-Phillips, and Mike Cravens.

The outcome for both items was deferred, with each rescheduled for consideration at their respective future meeting dates.

Givens Investments, Ltd., Zoning Map Amendment & Eastland Park, Unit 1-L, Zoning

The Planning Commission reviewed and approved a zoning map amendment and development plan for Eastland Park, Unit 1-L 26:47.

Key Participants

The discussion involved Tracy Wade, Cheryl Gallt, Tom Martin, and Christine Westover.

Proposal Details

The agenda item addressed two main components:

• A zone change from R-2 to R-4
• A variance request to reduce the setback requirement from 20 feet to 5 feet
• A development plan for Eastland Park, Unit 1-L

Outcome

The Planning Commission approved all aspects of the proposal, subject to 16 conditions. The approval included:

• The zoning map amendment changing the designation from R-2 to R-4
• The setback variance reducing the required distance from 20 feet to 5 feet
• The development plan for the project

Kirk & Carol Snyder Zoning Map Amendment & Michael Gentry Property Zoning Development Plan

26:09

This agenda item addressed a zoning map amendment for the Kirk & Carol Snyder property and a development plan for the Michael Gentry Property. The proposed amendment would change the zoning classification from P-1 to B-3.

Christine Westover presented the item to the board. Rather than proceeding with discussion and a vote, the board deferred action on both the zoning map amendment and the development plan. The deferral was granted based on a request for additional time to review the materials.

The matter was postponed to the February 28, 2013 meeting, allowing additional time for consideration before the next scheduled discussion.

Julie & Anthony Childress Zoning Map Amendment & Julie & Anthony Childress Property Zoning Development Plan

44:09

This agenda item addressed two related matters concerning the Childress property: a zoning map amendment and a property zoning development plan.

Key Speakers

The discussion involved Tracy Wade, Chris Taylor, Jim Black, and Jeff Neal.

Presentation and Discussion

The zoning map amendment proposed changing the property's designation from B-4 to B-2B zoning. Additionally, a development plan for the property was presented for consideration.

Outcome

Both items were approved. The zoning map amendment from B-4 to B-2B was approved. The development plan was approved with revised conditions. Notably, a problematic sentence regarding garage access was removed from the conditions as part of the approval process.

ZOTA 2012-9: Amendments to Articles 1, 8 & 12 for Modifications to the B-1 Zone

56:45

A text amendment to modify the B-1 zone was presented and discussed. The key speakers included Tracy Wade, Will Berkley, Lynn Roche-Phillips, and Carla Blanton.

The amendment proposed changes to Articles 1, 8, and 12 affecting permitted uses and restrictions in the B-1 zone. Specific modifications included removing the word "outdoor" from miniature golf regulations and adding miniature golf to the B-3 zone. The amendment also sought to clarify restrictions on banquet facilities within the zone.

During discussion, concerns were raised regarding form-based code implementation and the compatibility of proposed changes with rural areas. These concerns reflected broader questions about how the amendments would affect existing zoning standards and rural development patterns.

Despite the concerns raised, the text amendment to the B-1 zone was approved with the proposed changes incorporated.

ZOTA 2012-15: Parking, Private Walkways and Paved Areas in Residential Zones

Bill Sallee presented a text amendment addressing parking, private walkways, and paved areas in residential zones 1:47:42. The amendment included new definitions and design standards intended to prevent vehicle parking on walkways and reduce nonconformities in residential areas.

The text amendment was approved by the body.