Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 28, 2013, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens, Chair, presided over the meeting. The Commission considered five agenda items, heard four public comments, and took seven votes during the session. Of the five items on the agenda, two were approved, three were postponed, and the Commission addressed zoning map amendments, development plans, and a final record plat. The approved items included the AU Associates, Inc. zoning map amendment for the Gardenside Cabana Club (Parkside Development) and the initiation of a zone change for the Newtown Pike Extension Housing Component. The three postponed items were the Arnold Properties, LLC zoning map amendment and zoning development plan; the Patricia Donoghue zoning map amendment concerning the Ethington & Ethington Property (Bowman House); and the Distillery District final record plat.

Attendance

Present: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, Karen Mundy, Mike Owens, Frank Penn, and Carolyn Plumlee

Late: Lynn Roche-Phillips and William Wilson

Votes and Decisions

The meeting included seven votes, all of which passed by voice vote.

Approval of Minutes 24:59 The minutes from February 14, 2013, and February 28, 2013, were approved. The motion was made by Mr. Cravens and seconded by Mr. Brewer.

Postponements Three items were postponed by voice vote:

• MAR 2013-5 and ZDP 2013-20 (Arnold Properties, LLC) 27:41 were postponed to April 25, 2013. The motion was made by Ms. Plumlee and seconded by Mr. Brewer.

• MARV 2013-3 and associated plans 28:47 were postponed to April 25, 2013. The motion was made by Ms. Plumlee and seconded by Mr. Penn.

• PLAN 2013-17F (Distillery District) 29:49 was postponed to April 11, 2013. The motion was made by Mr. Penn and seconded by Ms. Beatty.

MAR 2013-6: Zone Map Amendment 1:22:45 The zone map amendment from P-1 to R-3 for AU Associates, Inc., was approved. The motion was made by Dr. Beatty and seconded by Mr. Cravens. The approval included ten conditions, including a limitation to 72 dwellings, requirements to address pedestrian traffic flow, notification of Mr. Ely regarding development plans, clarification of tree canopy information, notation of three stories, parking space dimensions, and resolution of stormwater detention at the Final Development Plan stage.

ZDP 2013-23: Gardenside Cabana Club 1:34:44 The Gardenside Cabana Club (Parkside Development) was approved with eleven conditions. The motion was made by Dr. Beatty and seconded by Mr. Wilson. The conditions mirror those for MAR 2013-6, including the 72-dwelling limitation, pedestrian traffic resolution, notification requirements, and stormwater detention resolution.

Newtown Pike Extension Housing Component 1:40:23 Initiation of a zone change for the Newtown Pike Extension housing component was approved. The motion was made by Mr. Penn and seconded by Mr. Berkley.

Public Comment

Robert Ely 44:22 expressed concern about pedestrian access and the buffer between residential and professional office uses. Mr. Ely stated that pedestrian traffic crossing his private parking lot from the proposed residential development would disrupt his professional office tenants and create safety and nuisance issues. He requested that the zoning change include conditions to prevent such access.

Holly Wiedemann 55:46, the developer, defended the project in response to the concerns raised. Ms. Wiedemann stated that Maywick View Lane is a private access easement and not a public road. She emphasized the project's positive impact on the neighborhood and invited the commission to visit the site.

Robert Ely 1:02:20 reiterated his concerns about property rights and prescriptive easement issues. Mr. Ely stated that Maywick View Lane is private property and not a public road, citing his deed and plat records as support. He warned that allowing continued pedestrian access could create a prescriptive easement, which would encumber his property.

Ms. Beatty 1:19:17 raised questions about stormwater and traffic concerns. Dr. Beatty asked whether stormwater detention and traffic patterns would be addressed at the final development plan stage. Confirmation was provided that these matters would be handled at that later stage.

Contested Items

Pedestrian Access and Property Rights on Maywick View Lane

A heated discussion arose regarding the legal status of Maywick View Lane and its implications for property rights and public access. Mr. Ely contended that Maywick View Lane constituted private property, while staff members and the developer argued it was a private access easement. The debate centered on concerns about prescriptive easements and the extent of pedestrian traffic that would be permitted across the area. This disagreement reflected fundamental differences in how the parties understood the property's legal designation and the rights it conveyed to various parties.

Conditional Zoning and Developer Responsibilities

Commission members were divided on the appropriate regulatory approach to address access concerns. The central question was whether to impose conditional zoning restrictions specifically designed to prevent pedestrian access across Mr. Ely's property. Some commissioners argued that the developer should bear responsibility for managing access issues as part of their development obligations. Others believed the matter should be deferred to the final development plan stage rather than resolved through conditional zoning at this point in the approval process. This split reflected disagreement about the timing and mechanism for addressing access management, with commissioners holding different views on whether the issue should be settled immediately or addressed later in the development review process.

Arnold Properties, LLC: Zoning Map Amendment & Zoning Development Plan

26:04

Arnold Properties, LLC requested a zoning map amendment to rezone property from R-2 to R-3 residential classification, along with approval of a zoning development plan.

Staff Recommendation

Staff recommended disapproval of the rezoning request. The primary concerns cited were that the proposed density would exceed limits established in the Comprehensive Plan and that the neighborhood lacked sufficient infrastructure to support the development.

Key Speakers

Anthony Justice and Henry Shelby participated in the discussion of this agenda item.

Outcome

Rather than voting on the request, the board approved a one-month postponement to allow for further review of the proposal. This delay provided an opportunity to address the staff concerns regarding density compliance and infrastructure adequacy before the matter would be reconsidered.

Patricia Donoghue: Zoning Map Amendment & Ethington & Ethington Property (Bowman House)

28:13

This agenda item addressed a request to rezone the Ethington & Ethington property, known as the Bowman House, from R-1D to R-1T zoning classification, along with associated variance approvals.

Staff Recommendation

Staff recommended approval of the zoning map amendment and variances, subject to conditions. A key condition included certification of the associated development plan for the property.

Discussion

Richard Murphy participated in the discussion of this item.

Public Comment

No citizen comments were received regarding this proposal.

Outcome

The request was postponed and did not receive a final decision at this meeting.

Distillery District: Final Record Plat

Plan Identifier: PLAN 2013-17F

Item Type: Subdivision

Overview

The meeting addressed a final record plat for the Distillery District project, which proposed subdividing one lot into three parcels. 29:17

Action Taken

The plan was postponed for two weeks. Staff requested the postponement to allow for additional review of the proposal before proceeding.

Conditions and Issues

Two primary conditions were identified that required resolution:

• Floodplain resolution
• Utility easements

Outcome

The item was postponed pending staff review and resolution of the identified conditions.

AU Associates, Inc.: Zoning Map Amendment & Gardenside Cabana Club (Parkside Development)

Agenda Item: MAR 2013-6

Overview

The meeting addressed a zoning map amendment and development plan for the Gardenside Cabana Club project by AU Associates, Inc., as part of the Parkside Development. The discussion occurred approximately 1 hour and 30 minutes into the meeting 1:30:53.

Key Participants

The agenda item was discussed by Chris Taylor, Tom Martin, Darren Eyre, and Holly Wiedemann.

Zoning Map Amendment Decision

The request to rezone the property from P-1 to R-3 was approved. The approval included four conditions:

• A cap of 72 units for the development
• Resolution of pedestrian traffic concerns
• Two additional conditions (specific details not provided in available materials)

Development Plan Approval

The development plan received approval with 11 conditions, including:

• Notification requirements for adjacent property owners
• Ten additional conditions (specific details not provided in available materials)

Outcome

The zoning map amendment and development plan were both approved as presented, subject to the specified conditions.

Initiation of Zone Change for Newtown Pike Extension Housing Component

Staff presented a request to initiate a zone change for the housing component of the Newtown Pike Extension project 1:37:04. Bill Sallee led the presentation of this agenda item.

The request sought approval to move forward with initiating the zone change process, which would enable future hearings and development planning for the housing component of the project.

The commission approved the request, allowing the zone change process to proceed to subsequent stages including public hearings and further development planning.