Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 28, 2013, 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 consideration of five agenda items. The Commission took nine votes and heard five public comments during the session.

The meeting addressed a mix of zoning amendments, development plans, and procedural matters. Two zoning map amendments with associated development plans were approved: the Kirk & Carol Snyder Zoning Map Amendment & Michael Gentry Property Zoning Development Plan, and the Steve & Cathy Snowden Zoning Map Amendment & Henry Clay Subdivision #2 Zoning Development Plan. A third zoning matter—the Patricia Donohue Zoning Map Amendment & Ethington and Ethington Property (Bowman House) (AMD.) Zoning Development Plan—was postponed. The Commission also approved the initiation of text amendments related to the Sanitary Sewer Capacity Assurance Program and approved a Planning Commission work session on the Comprehensive Plan Update.

Attendance

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

Absent: Frank Penn

Late: None

Votes and Decisions

Approval of Minutes from January 31, 2013 7:30 Motion by Mike Cravens, seconded by Bill Wilson. Passed unanimously 10-0.

Postponement of MAR 2013-3 and ZDP 2013-15 to March 28, 2013 9:36 Motion by Mike Cravens, seconded by Karen Mundy. Passed unanimously 10-0.

MAR 2013-1: Zone Map Amendment for 3270 Richmond Road 21:08 Approval of zone map amendment from P-1 to B-3 for property at 3270 Richmond Road. Motion by Carla Blanton, seconded by Karen Mundy. Passed unanimously 10-0. Conditional zoning restrictions include prohibited uses such as adult entertainment, drive-throughs, nightclubs, billboards, cell towers, and hotels. Property must be developed in accordance with the Richmond Road Access and Landscape Ordinance.

ZDP 2013-9: Preliminary Development Plan for Michael Gentry Property 21:39 Approval of preliminary development plan for Michael Gentry Property at 3270 Richmond Road. Motion by Carla Blanton, seconded by Patrick Brewer. Passed unanimously 10-0. Conditions include Urban County Engineer's acceptance of drainage and sewer information, Traffic Engineer's approval of parking and circulation, Building Inspection's approval of landscaping, and Urban Forester's approval of tree inventory map. Plan must denote requested zone, adjoining final record plat information, developer name and address, topographical information, construction access location, and building height in feet.

MAR 2013-4: Zone Map Amendment for 708–712 Henry Clay Boulevard 1:02:07 Approval of zone map amendment from R-1C to B-1 for property at 708–712 Henry Clay Boulevard. Motion by Patrick Brewer, seconded by Mike Cravens. Passed unanimously 10-0. Conditional zoning restrictions include prohibited uses such as automobile service stations, tattoo parlors, miniature golf, and drive-throughs, along with landscaping, lighting, and signage restrictions.

ZDP 2013-16: Final Development Plan for Henry Clay Subdivision #2 1:03:12 Approval of final development plan for Henry Clay Subdivision #2. Motion by Patrick Brewer, seconded by Mike Cravens. Passed unanimously 10-0. Approval is contingent upon Urban County Council rezoning the property to B-1. Multiple conditions apply including approvals from Urban County Engineer, Traffic Engineer, Building Inspection, Urban Forester, Fire and Water Control Office, and Waste Management.

Postponement of Sanitary Sewer Capacity Assurance Program Text Amendments 1:17:02 Motion by Mike Cravens, seconded by Bill Wilson. Failed 3-7. Voting for: Eunice Beatty, Will Berkley, Mike Owens. Voting against: Carla Blanton, Patrick Brewer, Mike Cravens, Karen Mundy, Carolyn Plumlee, Lynn Roche-Phillips, Bill Wilson.

Initiation of Sanitary Sewer Capacity Assurance Program Text Amendments 1:26:17 Motion by Carla Blanton, seconded by Carolyn Plumlee. Passed unanimously 10-0.

Amendment to Add Work Sessions for Comprehensive Plan Discussion 1:30:09 Amendment to add work sessions after zoning and subdivision hearings to discuss Comprehensive Plan. Motion by Mike Cravens, seconded by Carolyn Plumlee. Passed unanimously 10-0.

Public Comment

The meeting included five public comments addressing two primary matters: a request for postponement of applications MAR 2013-3 and ZDP 2013-15, and a rezoning proposal at Henry Clay Boulevard.

Postponement Request

Richard Murphy, representing the petitioner, requested a one-month postponement of MAR 2013-3 and ZDP 2013-15 8:00. He stated that additional time was needed to provide stormwater data to the adjacent property owner, Mr. Ethington, with whom the petitioner had recently begun discussions.

Henry Clay Boulevard Rezoning

Two neighbors offered opposing views on the proposed rezoning at Henry Clay Boulevard.

John Considine expressed full support for the rezoning 51:14, stating that improvements made by the Snowdens represented a vast aesthetic and business improvement to the neighborhood.

Karen Caton, a long-time resident of Henry Clay Boulevard, opposed the rezoning 51:46. She raised concerns about establishing precedent, potential traffic impact, long-term neighborhood effects, and noted that vacant business properties were available nearby.

Property Owner and Representative Responses

Steve Snowden, the property owner, acknowledged the concerns raised 56:07. He explained that the improvements were necessary to address outdated parking and shared driveway issues, and emphasized that the proposed changes would enhance the neighborhood through proper screening and additional off-street parking.

Richard Murphy provided a rebuttal to concerns about precedent and traffic 59:58. He argued that the proposed buffer and conditional zoning restrictions would prevent further expansion, and that the proposed uses would generate minimal traffic impact.

Contested Items

Rezoning of Residential Property to Business Use at Henry Clay Boulevard

A proposal to rezone residential property to business use at Henry Clay Boulevard generated community opposition during the meeting. A resident spoke against the rezoning, raising concerns about establishing precedent for similar changes in the area, potential traffic impacts, and long-term effects on the neighborhood. The applicant and supporters of the proposal countered by highlighting improvements to the project and emphasizing that proper buffering measures would be implemented to mitigate impacts.

Initiation of Text Amendments for Sanitary Sewer Capacity Program

The initiation of text amendments for a sanitary sewer capacity program resulted in a closely divided vote. A motion to postpone the initiation of these text amendments was narrowly defeated. Three members voted in favor of postponement, citing concerns that key provisions were missing from the proposal, specifically exemptions for expansion areas. The narrow margin of the vote reflected significant disagreement among the body regarding whether the text amendments were sufficiently developed before moving forward.

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

11:51

The Commission considered a zone map amendment and development plan for properties involving Kirk and Carol Snyder and the Michael Gentry property. The amendment proposed changing the zoning classification from P-1 to B-3 for a property located at 3270 Richmond Road.

Key Speakers

The discussion involved Bill Sallee, Tom Martin, and Jon Woodall.

Proposal Details

The zone map amendment included conditional zoning restrictions designed to limit intense uses on the property. The associated development plan was presented for consideration alongside the zoning change.

Conditions and Approvals

The Commission approved the development plan subject to 14 conditions. These conditions addressed multiple areas including:

• Engineering requirements
• Traffic considerations
• Environmental approvals

Outcome

The Commission approved both the zone map amendment from P-1 to B-3 zoning and the development plan with the 14 conditions attached.

Steve & Cathy Snowden Zoning Map Amendment & Henry Clay Subdivision #2 Zoning Development Plan

The Commission considered a zoning map amendment and development plan for property located at 708–712 Henry Clay Boulevard 22:21.

Proposal Overview

The amendment sought to rezone the property from R-1C (residential) to B-1 (business) classification. The applicants, Steve and Cathy Snowden, submitted a final development plan for Henry Clay Subdivision #2 in conjunction with the zoning change.

Key Speakers and Presentation

Bill Sallee, Chris Taylor, Richard Murphy, and Steve Snowden participated in the discussion of this agenda item.

Conditional Zoning and Restrictions

The Commission approved the zone map amendment with conditional zoning restrictions designed to buffer the surrounding residential areas from the proposed business use. These conditions were incorporated to address potential impacts on neighboring properties.

Development Plan Conditions

The final development plan was approved subject to 11 conditions. These conditions addressed:

• Parking requirements
• Landscaping standards
• Traffic improvements

Outcome

The Commission approved both the zoning map amendment from R-1C to B-1 and the final development plan for Henry Clay Subdivision #2.

Patricia Donohue Zoning Map Amendment & Ethington and Ethington Property (Bowman House) Zoning Development Plan

Item Identifier: MAR 2013-3

Action Taken: The Commission postponed this item 8:00.

Background

This agenda item addressed a zoning map amendment and zoning development plan for the Patricia Donohue and Ethington properties, which includes the Bowman House.

Key Discussion Points

Richard Murphy was the primary speaker on this item. The Commission's decision to postpone was driven by two main concerns:

• Stormwater Data: The Commission postponed the item to allow time for additional stormwater data to be provided to the adjacent property owner. This data was necessary before the item could move forward.

• Detached Dwelling Unit Concerns: The Subdivision Committee had previously recommended postponement due to concerns about the detached dwelling unit proposed as part of the development plan.

Outcome

The item was postponed to a future meeting date to address these outstanding issues and allow the adjacent property owner to review the additional stormwater information.

Initiation of Text Amendments Related to Sanitary Sewer Capacity Assurance Program

1:03:47

The Commission initiated text amendments to the Zoning Ordinance and Land Subdivision Regulations to implement a new Capacity Assurance Program for sanitary sewer systems.

Key Speakers

The discussion involved Derek Paulsen, Chris King, and Bill Sallee.

Action Taken

A motion to postpone consideration of the text amendments was presented but was defeated. Following the defeat of the postponement motion, the Commission voted to approve the initiation of the text amendments. The approval was unanimous.

Outcome

The text amendments related to the Sanitary Sewer Capacity Assurance Program were approved for initiation.

Planning Commission Work Session on Comprehensive Plan Update

1:27:23

The Planning Commission discussed and approved a proposal to add work sessions following each zoning and subdivision hearing to focus on the Comprehensive Plan update.

Proposal and Outcome

The Commission approved the addition of dedicated work sessions after zoning and subdivision hearings. This change was designed to create more structured opportunities for discussing the Comprehensive Plan update as part of the regular meeting schedule.

Purpose

The work sessions were intended to serve two key functions:

• Increase opportunities for public input on the Comprehensive Plan update
• Provide dedicated time for staff feedback and discussion

Key Participant

Jim Duncan participated in this discussion.

The approval of this agenda item reflected the Commission's commitment to integrating Comprehensive Plan update discussions into its regular meeting cycle while maintaining dedicated time for public engagement and staff collaboration on the planning process.